"How can delegated legislation be disallowed?"

Many laws give the Australian Government the power to make decisions about the detail of how the law will be put into action. The government does this by making delegated legislation in the form of regulations, ordinances, orders etc. Delegated legislation has the same force as other laws made by the Australian Parliament.

Delegated legislation becomes law on the day it is registered. It must be presented to the House of Representatives and Senate within six sitting days of registration. The Parliament can then decide if it wants to disallow (cancel) the delegated legislation.

To disallow delegated legislation, a senator or member of the House of Representatives must put forward a notice of motion for disallowance. That chamber then has 15 sitting days to debate and vote on the motion. If no vote is taken on the motion within 15 sitting days, the delegated legislation will automatically be disallowed. Only one chamber needs to disallow a piece of delegated legislation for it to be cancelled.

As with other laws made by the Parliament, the validity of delegated legislation (if it is lawful) can be challenged in court.

More information about delegated legislation can be found at the end of both the House of Representatives Infosheet and Senate Brief on making laws.

diagram to help explain How can delegated legislation be disallowed?